Revolutionary War Pension and Bounty Land Warrant Application File R. 3,296, Henry Elliott, Conn.

SERVICE
NUMBER
Conn.
Elliott, Henry
P. 3,296
CONTENTS

Henry Elliott
22049

Declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832
State of New York } County of Schenectady } ss
On this particular day of January One thousand eight hundred and thirty three personally appeared before Marvin Judge Esquire a Judge of Schenectady County Court Henry Elliott a resident of Summit in the County of Schenectady and State of New York aged Seventy six years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832
That he entered the Service of the United States under the following named officers and served as here in stated.
That he enlisted in the month of October 1775 (Cannot recollect the day) at Stonington Connecticut in a Company Commanded by Captain Nathan or Elnathan Fulmer. John Belcher Lieutenant. Andrew Brown orderly sergeant. The Company was attached or belonged to a Regiment Commanded by Colonel Phineas Ledyard. Served as a private in said Company One year and took a discharge Enlisted again for one year at Stonington aforesaid in the month of October 1776 in a Company of Artillery Commanded by Captain Asa Sheffield attached to Col. Ledyard's Regiment

And served as Second Sergeant in said Company for at least nine months at the fort in Stoneington aforesaid. Then hired a Substitute to serve the remainder of his time in said Company and took his discharge.
Enlisted again in the month of August 1777 at Stoneington aforesaid in a Company commanded by Captain Eldredge belonging to a regiment commanded by Colonel Litchmore. And marched for Stillwater through Hartford Old Canaan New City (now Lansingburg) to Stillwater and joined the main army under General Gates.
Was in all the general engagements between our Army and that of General Burgoyne. Pursued Burgoyne and his army in their retreat to Saratoga and there remained until he capitulated and surrendered. Then marched in Colonel Litchmore's regiment to Albany to protect that place - remained at Albany eight or ten days until the British retreated to New York. When the regiment was ordered to return and did returned through Old Canaan and Hartford to Stoneington aforesaid where he served in said Company until the month of February 1778 when he returned his arms and took a discharge.
Served as a private in the Company last mentioned at least six months making in the whole term of service at least one year and six months as a private and nine months as sergeant. And the said Henry Elliott upon his death aforesaid says that he was wounded in the

first general engagement with Burgoyne's Army at Stillwater by a musket ball from the enemy Lodging in his right leg -
And the said Henry Elliott upon his oath affirmed further says that he has no docu- mentary evidence and that he knows of no person whose testimony he can procure who can tes- tify to his Service
And upon his oath affirmed the said Henry Elliott answers to the several interrogatories put to him by the Judge - 1 st that he was born at Sturminster New London County Connecticut on the 18 th of July 1756 - 2 nd that he has no record of his age but has been informed by his parents that a Record of his age was taken down by Nathan Eels a Presbyterian Clergyman by whom he was baptised in his infancy at Sturminster aforesaid 3 rd That he was living at Sturminster Connecticut when he entered the service - That he lived at that place for eight or ten years after the war of the revolution - then removed to Lundenberg (now Athens) in the State of New York lived there about three years then removed to Bristol (now Broome) in the County of Schoharie lived there seventeen or eighteen years - then removed to Jefferson (in the same County) lived there about three years during which time his wife died Since that time he has not been a house-holder has lived with his Children in the towns of Summit & Broome in Schoharie County and in the towns of Manchester and Farnington in the County of Ontario - And that he now

lives with his daughter in the town of Summit in the County of Schoharie and State of New York and that his eye sight has been failing for about four years past and he is now entirely blind 4 th That he volunteered into the Service 5 th That the names of the officers who were with the troops where he served were of the Regulars General Gates and General Arnold - does not remem- ber the names of any other regular officers - and of the Continental and Militia regiments Col. Cook - General or Col. Fellows and a Captain or Major Chapman, also Col. Ledgard and Col Latimore before mentioned 6 th That he received a discharge from each of the Captains under whom he served but they are lost or mislaid does not know what has become of them 7 th That he has been absent from the town of Summit for about ten years past until about the first of June Last that he is informed there is but one Clergyman living in said town at present and he an itinerant preacher with whom he is not acquainted that when he lived in town before he was acquainted with two Clergymen both of whom have removed from this County That he would refer to Col. David Milse and Edmund Northrop Esquire both of Sum- mit as persons known to him who can testify as to his character for truth and veracity and their belief of his services as a Soldier of the revolution

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State
Henry his X Elliott mark
Sworn to and Subscribed the day and year aforesaid before me
Warren Field a Judge of Schoharie County
We David Wilse and Edmund Northrup both residing in the town of Summit hereby Certify that we are well acquainted with Henry Elliott who has Subscribed and Sworn to the above declaration. That we believe him to be a man of Seventy six years of age that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the revolution and that we concur in that opinion
David Wilsey Edmund Northrup
Sworn and Subscribed the day and year aforesaid before me Warren Field a Judge of Schoharie County

I Marvin Iudd a Judge of Schoharie County Courts do hereby declare my opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the before mentioned Applicant was a revolutionary Soldier and Served as he States - And I do further Certify that I am and have been for a number of years personally acquainted with Colonel David Wils and Edmund Northrup Esquire who have signed the preceding Certificate that they are residents of the town of Summit and are Credible persons and that their Statement is entitled to Credit - And I do further Certify that the said Henry Elliott cannot from bodily infirmity attend Court -
Marvin Iudd a Judge of Schoharie County
State of New York } Schoharie county } ss.
I John Gebhard Jr. Clerk of the said county do certify that Marvin Iudd before whom the two preceding affidavits purport to have been sworn and whose name also appears to the certificate of credibility, was at the date of the same one of the Judges of the court of common pleas in and for the said county and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavits and certificate of credibility, to be his proper hand writing and signature - Witness my hand and seal of office this eighteenth day of January 1833 -
John Gebhard Jr. Clerk of Schoharie County

Henry Elliott Schobaria 6' Wyatt
8
E. Northrup Schobaria Charlottesville
copies of proof and statements are required by the regulations to produce the best evidence in their power.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Horing Elliott
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Octob 1775 1 — Private Capt Palmer Capt Ledyard 76 years Tradition of   Octob 1776 1 9 m s 21 d s Private Capt Sheffield Capt Ledyard Hanover Hanover   and 1777 "it ditto" 1 6 Private Capt Blackwell Capt Ledyard March to Stillwater 6 in  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It can not be readily admitted that the above service is insusceptible of proof and claimants are required by the regulations to produce the best evidence in their power.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops. Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the Court of the application of said Court in the matter of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. Infirmity
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

New York Rev.
Henry Elliott
Suspended
Lot. D. Mottsey 16
Aug. 1833.
3296
Act. of June '32

Acts of July 14, 1862, and March 3, 1873.
P. O.
3296 cur Henry Elliott
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
REPORTED
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contr.
_____ Cert. of Dis. Searched for _____, 18